Court No. - 6 Case :- WRIT - C No. - 2307 of 2010 Petitioner :- M/S Makino Auto Industries Respondent :- Assistant Labour Commissioner And Others Petitioner Counsel :- Shakti Swarup Nigam Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Notice on behalf of respondent no.1 has been accepted by the learned
Standing Counsel.
Issue notice to respondent no.2/3 fixing 10th March, 2010 as the date.
Petitioner to take steps within a week.
Both the respondents may file counter affidavit by the next date fixed.
List on the date fixed.
On behalf of the petitioner it is contended that in proceedings initiated under
Section 6H (1) of the Industrial Disputes Act, a specific objection has been
raised by the employers that the respondent was employed as Manager and
therefore, not within the meaning of workman, who can initiate proceedings
under Section 6H (1) of the Act and further that the workman had tendered his
resignation from the employment. The Assistant Labour Commissioner,
Gautambudh Nagar has not examined the aforesaid aspect of the matter and
has not recorded any finding with regard to the nature of the employment of
the workman and has proceeded to compute a sum of Rs. 80,990 as payable to
the workman after holding that no evidence has been led that the workman
had resigned.
Learned counsel for the petitioner submits that the issue as to whether the
application was maintainable or not, goes to the root of the matter and
therefore, the order is illegal.
Matter requires enquiry by this Court.
Till the next date of listing, operation of the order dated 17th December, 2009
passed by the Assistant Labour Commissioner, Gautambudh Nagar shall
remain stayed.
Order Date :- 19.1.2010
Sushil/-